Unlawful Act Manslaughter Flashcards
What section is UAM from
It is a common law offence
What happened in R v F and E
One of the defendants who caused the fire that killed the homeless man was 14 years old with a low IQ - this is slightly unfair as he is judged at the same level as a reasonable man
How old is V. in Dawson
60 years old - not visibly frail
How old is V. in Watson
87 years old - visibly frail
Which offence must you consider V.’s visible frailness for the dangerousness
Assault as it may not cause physical harm but may cause consequential harm (e.g heart attack)
What happened in R v Ball
D. shot V. thinking the round was a blank - D.’s peculiarities cannot be considered in dangerousness
What happened in R v Newbury and Jones
Two teenagers (D.) dropped a paving stone on a moving train, killing an operator, they did not foresee harm or realise the act was unlawful - this didn’t matter as the reasonable man knew it was dangerous
What is the first evaluation of UAM
Although D. may not foresee injury or know the act is unlawful, like in Newbury and Jones, which seems unfair as they are being judged at the standard of someone else (sober + reas. man - Church); they may not intend the act and they may not consider it to be dangerous.
What is the second evaluation of UAM
As assault is ordinarily considered a 6 month maximum sentence, it is unreasonable to jump to a 25 year sentence if the D. intended assault and caused death that was completely unforeseen by D., like in Watson, if the sober and reasonable man might have.
